Minister Intervention

We can make a request for ministerial intervention if you have had a merits review tribunal decision.

The Minister has powers under the Migration Act 1958 to replace a decision of a merits review tribunal on a person’s case with a decision that is more favourable to that person if the Minister thinks it is in the public interest to do so.

The Minister’s guidelines describe the types of cases that might be referred for the Minister’s consideration.

The Minister has described the types of unique or exceptional circumstances in which a case might be referred for the Minister’s consideration.

Types of unique or exceptional circumstances

Strong compassionate circumstances that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident.
Compassionate circumstances regarding your age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship.
Exceptional economic, scientific, cultural or other benefit that would result from you being permitted to remain in Australia.
Circumstances not anticipated by relevant legislation leads to unfair or unreasonable results.

They will inform you in writing of the outcome of your request.

You are expected to remain engaged with it and, if you are in Australia, you are

expected to continue to make arrangements to depart even if you have made a

request for ministerial intervention.

If you are in the community and are an unlawful non-citizen, the minister will

finalise your request without further processing.

This means that you must hold a bridging or other visa, or have applied for

a Bridging visa C, Bridging visa D or Bridging visa E.

If you have any questions about your immigration status while your request is in

processing, please contact our specialised lawyers.

If you are the partner of an Australian citizen, permanent resident or eligible New

Zealand citizen you could be eligible to make an application for a Partner visa

even if you have been refused another type of visa while in Australia.

The Minister’s powers are not available in the following circumstances:

there is no review decision by a merits review tribunal
a Minister has already intervened to grant a visa
a tribunal has found that it does not have jurisdiction to review a decision
a tribunal has found that the review application was made outside the time limits

You should not discontinue any application for judicial review.

You can only include family members in your request if they have also had a

merits review tribunal decision in their case.

The minister might also ask you to provide additional information after you have

provided supporting documents.

The Minister has provided guidance on the types of unique and exceptional

circumstances that could be brought to the Minister’s attention.